Underage Drinking in NYC: A Parent’s Legal Guide

Brian Magnosi | Car Accident | August 19, 2025

Underage Drinking in NYC

If you’re a mother reading this because your child has been hurt due to underage drinking in NYC, I want to begin by saying, I know what you are going through. As a mother myself, I’ve lived through my children and their friends’ teen years in New York City, and I know the worry and concern we face. As a personal injury attorney, I have years of experience fighting for New York families, and I understand how terrifying it is when a night of teenage fun turns into a call from the hospital—or worse, the police.

Underage drinking in NYC is not just a “rite of passage.” It’s a legal minefield. And when someone gets hurt—whether it’s your child or someone else’s—you need answers, support, and legal protection. That’s exactly what I’m here to give you.

The Reality of Underage Drinking: Not Harmless, Not Legal

You may have thought, “It’s safer if my child drinks at home, right?” After all, it’s controlled, supervised, and they’re not out in the streets. But New York law disagrees—and the consequences for “social hosting” underage drinking can be severe.

According to NYC data, 1 in 4 adolescents aged 12–20 have consumed alcohol in the last 30 days, and 16% have engaged in binge drinking. Binge drinking is the consumption of five or more alcoholic drinks. That’s not just a statistic—it’s your daughter at a friend’s house or your son trying to fit in. And when alcohol leads to injury, accidents, or police involvement, it’s the parent who may face the consequences.

Social Host Law: When Parents Are Held Responsible

As a parent, you might be shocked to learn that you can be held criminally and civilly liable—even if you didn’t directly serve alcohol or weren’t home at the time.

Criminal Liability

Under Penal Law §260.20, it’s a misdemeanor crime to knowingly give or allow access to alcohol to anyone under 21. A first offense could mean up to a $500 fine or even a year in jail. Repeat offenses carry steeper penalties.

It is good to know, however, there are exceptions such as a minor in their own home consuming wine for religious purposes or having a small amount of beer or wine at home while under their guardian’s supervision. These exceptions do not extend to house guests who are also under 21. If the child is your own, then these exceptions are permitted.

Civil Liability

If a teen leaves your home intoxicated and causes harm to themselves or others—you can be sued. As a personal injury attorney, I’ve seen families navigate heartbreaking civil lawsuits after they unknowingly exposed themselves to liability by allowing underage drinking at home.

Emotional Consequences

Beyond the law, there’s the emotional devastation. I’ve sat beside too many mothers who blame themselves after an injury or accident. Let me be clear: You didn’t intend to cause harm. But now, you must focus on protecting your child, your family, and your future.

New York’s Zero Tolerance Law & Leandra’s Law

Under New York’s Zero Tolerance Law, drivers under 21 cannot have a Blood Alcohol Level (BAC) of 0.02% or higher. That means just one drink can cost your child their license—and possibly their future.

Leandra’s Law

Leandra’s Law escalates things even further. If a person drives intoxicated with a minor under 16 in the vehicle, it’s an automatic felony, with up to 25 years in prison if the child is injured or killed. In these cases, the adult is also reported to the Statewide Central Register of Child Abuse and Maltreatment.

This law has ripped families apart and landed parents with criminal records for one poor judgment call. If your child was a passenger, or worse, a victim in such a case, you have legal rights. We can help you pursue justice and accountability.

What To Do If Your Child Is Hurt Due to Underage Drinking in NYC

If your child has been injured—whether from alcohol poisoning, a car crash, an assault, or another alcohol-related incident—you need legal and emotional support immediately.

Step 1 – Seek Medical Help First

Health comes first. Ensure your child is safe and stabilized. Even if they seem okay, alcohol-related injuries can have delayed symptoms. Getting a professional medical evaluation is also essential for documenting injuries.

Step 2 – Preserve All Evidence

Save every text, party invite, social media post, or message related to the incident. If the alcohol was provided by another parent, homeowner, or venue, you may have a strong civil case.

Step 3 – Talk to a Personal Injury Lawyer

I know calling a lawyer may feel overwhelming. But the earlier you speak to us, the more options you’ll have. We’ll explain your rights, gather evidence, and protect your family from further harm—with compassion and zero judgment. Call us at 212-227-4000.

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Other Legal Risks Tied to Underage Drinking

While most of us focus on the drinking itself, other related offenses can also carry major consequences.

Fake IDs and Criminal Charges

Possessing or using a fraudulent ID is a Class D felony in New York. That’s a 2–7 year prison sentence.

  • Forgery of an ID: Class D felony
  • Possession of a forged ID: Class D felony
  • Criminal impersonation: Up to a Class C felony

If your child is facing any of these charges, call a criminal defense attorney immediately—ideally one who understands youth offenses and long-term consequences.

Dram Shop and Commercial Liability

Was alcohol served to your underage child at a bar, restaurant, or catered event? Dram Shop laws hold those businesses responsible for serving minors or visibly intoxicated guests.

If your child was injured at such an event, you may be eligible to file a personal injury lawsuit against the establishment—and get compensation for your child’s injuries, medical bills, therapy, long-term care, and emotional distress.

A Message From Michele Mirman

As a mother, I know that raising teens in NYC isn’t easy. They face peer pressure, dangerous situations, and an overwhelming amount of freedom for their age. One night, one drink, or one wrong decision can lead to heartbreak.

But I want you to know this: you’re not a bad parent. If your child was hurt because of underage drinking in NYC, someone else may be legally responsible—and I will fight to make sure they are held accountable.

Let Us Help You Protect What Matters Most

At Mirman, Markovits & Landau, P.C., we’ve spent over 40 years helping families recover after tragedy. We don’t just handle the legal side—we handle the human side.

Whether you’re seeking justice, defending your rights, or trying to prevent future harm to your child, we’re here to help—with empathy, clarity, and fierce legal experience.

📞 Call us today at 212-227-4000 or visit mirmanlawyers.com for a free consultation.
You’ll pay nothing unless we win your case.